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author: xiao yao, a reporter from southern window

editor | wu qing

in early july, on a morning in beijing, as the temperature was rising, i met 75-year-old lawyer xu weihua.

wearing a mask, she walked into the law firm in a hurry. because of the rush of commuting or neglect, her short hair faded to pink and fluttered on her head. the breeze from the balcony behind her blew, and her dry hair and eyes were lively. when she was talking about something exciting, xu weihua couldn't help but half-clenched her fist, then loosened it and patted her palm lightly on the table.

it is easy to feel the passion gushing out of her, just like her passion for women's rights for more than 40 years.

in 1983, xu weihua was transferred to the rights protection department of the all-china women's federation, focusing on the plight of women. she worked there for 20 years until 2003, when she retired early and became the office director of the anti-domestic violence network, providing legal aid for anti-domestic violence cases. a year and a half later, xu weihua, who reached retirement age, established the beijing xu weihua law firm and represented cases as a lawyer.

xu weihua

over the past 20 years, among the victims that xu weihua has handled, some were used as gambling chips by their gambler husbands and raped together; some could not bear the long-term domestic violence and sexual abuse by their husbands and killed people out of desperation; some were threatened by their husbands with banning sexual devices and not allowed to divorce... xu weihua provided free legal aid to these women in the lawsuits and never charged a penny for his lawyers.

in 2015, china introduced its first "anti-domestic violence law," and since then, the sentences and punishments for cases like "women who have been abused by their husbands have been reduced." before that, "women who responded to violence with violence were often sentenced to severe punishments."

the most representative case is the sichuan li yan case that happened in those two years. at that time, through the appeal and promotion of lawyer xu weihua and many other legal and social figures, the life of a woman who was embarrassed by domestic violence and eventually took her own life was finally saved.

in xu weihua's more than 40 years of professional career, there have been about 15 typical and major cases of "being killed by domestic violence". but behind this is a reflection of a large number of domestic violence problems, which are objective and real existence hidden in my country's marriage and family relations. these cases of "being killed by domestic violence" have evolved from private marriage and family affairs to public events that are widely discussed and highly concerned, thus promoting the progress of concepts and changes in laws. behind this are countless real cases and the blood and tears of lives.

as defendants

"i will take responsibility if he kills me."

a wife who could no longer tolerate violence and humiliation decided to teach her husband a lesson. it was in 2000, when xu weihua handled a case in zhejiang province. the client was laid off after the enterprise restructuring and could not find a job, while her husband was "powerful and prestigious" in the local area. but after the wife was laid off, her husband refused to give her a penny. every time the wife asked her husband for money, he would beat her up.

he grabbed her long hair and slammed her against the concrete balcony railing of the house. later, their daughter recalled that "the balcony railing was covered with my mother's hair and blood."

stills from "home with a yard"

one day, the wife took the landline phone bill to her husband's workplace to claim reimbursement, which was a benefit given to their family by the workplace. at that time, the wife had only this one way to earn some living expenses for herself.

she happened to run into her husband.

"that man was very bad!" xu weihua recalled that the husband snatched the phone bill from his wife's hand, crumpled it into a ball, threw it under his feet and stomped on it. "she felt that he was not stepping on the bill, but on her personality and dignity." lawyer xu remembered that it was from that moment that the woman's long-standing patience and anger exploded.

she hired a few migrant workers, hoping to ask them to "teach her husband a lesson". but the woman never intended to kill him. she just told the workers, "don't beat him to death". the hired workers asked her: what if he breaks something? she said with certainty, "it's my fault if he breaks it", but she didn't expect that "the "if he breaks it" mentioned by the hired workers also meant "if he kills me". it was precisely this sentence that almost killed her in the end.

after a few blows, although the man was not beaten to death at the time, he died of excessive blood loss on the way to the hospital. after the incident, xu weihua teamed up with some well-known legal experts and enthusiastic media people to report the true situation of the case and the deceased's actions before his death to the relevant leading departments in the form of internal reference. at the national committee of the chinese people's political consultative conference, the experts made a series of efforts to promote the avoidance of capital punishment.

but in the end, the wife was sentenced to death for intentional injury resulting in death.

stills from "i went through the storm"

when handling such cases, regrets are common. the most regrettable one for xu weihua was a case that happened in hebei.

the man was a "rich second generation" who spent his days drinking and partying, "uneducated and unskilled", and often came home late at night after marriage. one day, the wife was half asleep when the door opened, and it seemed that her husband had returned. he went straight to the bed and had sex with her without turning on the lights or talking. the wife always felt that something was wrong. but the same strange thing happened for the third time, the wife suddenly turned on the light and found that the person on the bed was not her husband.

the man was very panicked and knelt down in front of her, confessing that her husband had lost a bet with them and used his wife as gambling money. the wife was very angry and put a pair of scissors under her pillow. the next night, when her husband really came back and wanted to have sex with her, she took out the scissors and stabbed him, and died of heavy bleeding.

the case was sentenced to death in the first instance, but there was still controversy at the time. most people on the trial committee disagreed with the death penalty, but the responsible leaders and the staff in charge insisted that the death penalty should be imposed. one of the deputy presidents of the provincial high court who insisted on the death penalty was a woman.

to this day, xu weihua still feels resentful. "in the entire judicial system, there are few female leaders, and even fewer who have been promoted to higher levels. because of this, female leaders in court leadership positions should be more sympathetic to the real situation of women and fully understand the actual situation of women being harmed, violated, hurt, and stigmatized in different cases."

stills from "the poisonous lawyer"

unfortunately, during the trial, xu weihua went to hong kong on a business trip for half a month. when he came back, he found that the woman had been executed.

xu weihua still cannot calm down. "her husband did such a sinful thing. just because he is dead, we cannot ignore his role in the case, distinguish the cause and effect of the case, and the responsibilities and consequences he should bear." she believes that "if the case could be judged a dozen years later or the anti-domestic violence law was introduced, the girl would have escaped being sentenced to a felony and would still be alive and well."

since the power to review death sentences was returned to the supreme people's court in 2007, the supreme people's court has fully reflected the criminal policy of less and more cautious killing in the adjudication and review of criminal cases. compared with before the power to sentence the death penalty was taken back, the number of women sentenced to immediate execution in cases of "domestic violence killings" is much lower.

vitality

"hold it up, don't put it down, let everyone see it."

in 2012, at a death penalty review and retrial at the sichuan provincial supreme court, xu weihua loudly asked her client, li yan, to raise her fingers that had been cut off by her husband and show them to everyone in the audience.

two years ago, li yan killed her husband with a gun barrel, dismembered and dumped his body. after marriage, li yan was beaten, abused, violated, hurt, starved, and controlled by her husband many times. in the process of seeking help, she sought help from the local women's federation, reported to the community committee, agreed to a divorce with her husband, and told the man's family about the situation. she took many self-help measures.

xu weihua learned from media interviews at the time that li yan's husband, tan, was a violent man with a strange temper. he did not allow his wife to interact or talk with other people, and often beat and kicked his wife.

stills from "i went through the storm"

two years later, the case was reviewed and retried by the sichuan provincial high court. in court, xu weihua asked li yan to raise her finger that had been cut off by her husband. xu weihua listed the evidence and expressed his opinion: "in the marriage, she did not enjoy human rights. she was like a broken sandbag that could be punched at any time. she was not treated as a wife. the violence against women syndrome was very prominent in li yan. therefore, we strongly request that the death penalty should not be imposed on li yan."

the case quickly entered the public eye and attracted great attention from all walks of life. experts, scholars and social figures publicly signed a petition, calling on the court to "spare his life." it was not until 2015 that li yan's sentence was finally commuted to suspended death sentence in consideration of the domestic violence in the case and public opinion, saving his life.

the sichuan provincial high court finally issued a suspended death sentence

coincidentally, in 2015, my country's first "anti-domestic violence law" was promulgated and took effect, clarifying the definition of domestic violence and the country's zero-tolerance attitude towards domestic violence at the legal level. this law played a crucial role in changing li yan's fate, and also provided great hope for women in similar cases in the future.

by then, xu weihua had already retired and did not directly participate in the drafting of the anti-domestic violence law, but he did some work by handling typical cases to provide samples for legislation and promote the law through cases, "which greatly enhanced the protection of the basic rights and interests of chinese women in marriage."

the legal system is constantly improving, providing specific solutions for more specific situations. xu weihua feels that behind every tragic incident, the specific situations experienced by individuals are gradually being seen.

although xu weihua used the phrase "fight violence with violence" to refer to women who killed their husbands because they were embarrassed by domestic violence or humiliation, in fact, none of these cases can be referred to as "self-defense." most of the women involved found it difficult to resist the power of men at the time of violence. tolerating domestic violence and then planning a counterattack was a choice they made with the intention of dying, which was better than enduring violence all the time.

xu weihua once encountered a case in liaoning province. the woman was a teacher and had good financial conditions. after divorcing her husband, she left all her money to the man and moved out. but her ex-husband still came back to her every few days to ask for money and sex. one winter, the man forced his way to her residence and demanded sex with her.

stills from "i went through the storm"

in winter, the coal stove was burning, and in a hurry, the woman knocked him unconscious with a pair of tongs. seeing him faint, the woman's heart "suddenly" thought: "when he wakes up, either he will die or i will die." so she simply used more force and beat her ex-husband to death.

there was another case in weifang, shandong, where the husband often beat his wife and controlled her physically. he had to decide what to wear and who to contact. the wife suffered from depression and had to take chinese medicine for a long time. she prescribed a lot of medicine, and besides taking it herself, she also gave it to her husband. all the medicines were poisonous. over time, the husband died of chronic poisoning.

"this is indeed negligent death, but she also had an intentional element." xu weihua said that the violent women syndrome acts on these women and makes them feel particularly desperate.

when social concepts and laws were not advanced and perfect enough, many women who suffered domestic violence in marriage could not see a way out. "in addition to the psychological barrier, they felt that this (domestic violence) was a shameful thing and could not talk about it. in many cases, it was often related to their lack of financial independence."

stills from "home with a yard"

xu weihua said that generally women who have been hurt will actively seek help, "they will feel that they are not capable of maintaining this marriage." few people clearly tell them that you are experiencing "domestic violence", "it's not that you are not capable of maintaining this marriage, it's not your fault, you are the one who is hurt, there is no need to remain silent."

from "victims" to "defendants", they often experienced a mental switch from fear to despair in the process. sometimes, they don't know what the choice that leads to the end will bring them.

their voices

the first time xu weihua came into contact with a female defendant was when he was teaching criminal law at hangzhou university. at that time, the criminal case defense system had just been restored nationwide, and a murder case was handed over to the criminal law teaching and research section, where xu weihua and a female teacher from zhejiang agricultural university served as defense counsel in court.

that was her first defense case. the victim and the defendant were sisters-in-law. the younger sister-in-law killed the older sister-in-law. the two families lived in the same yard. the sisters-in-law had a bad relationship. the older sister-in-law often insulted the younger sister-in-law, saying that she had an improper lifestyle and was not clean. she also said that the younger sister-in-law had stolen coal and eggs from her family.

the resentment between them grew deeper and deeper. finally, the younger sister-in-law could no longer bear it and killed her with a newly bought kitchen knife while she was sleeping at home.

after the incident, the prosecution opinion of the procuratorate stated that "the deceased was stabbed more than 100 times by the defendant." but xu weihua found it strange, "two women with similar physical strength, could one really stab the other more than 100 times? how was this number of more than 100 times calculated? how many of them were caused by the struggle between the two and the other? how many of them were caused by the victim's resistance?"

xu weihua believes that a woman’s life cannot be explained by just a few words, and another woman’s dignity cannot be determined by vague judgments of harm.

so, she advocated a re-autopsy and investigation. after investigation and interviews, they finally found that the wounds on the victim were indeed only one or two fatal. in the corner of the deceased's home, they also found egg shells taken away by mice. this means that the deceased's accusation of the defendant's theft was all false.

these specific details carry the humiliation and grievance that a specific woman experienced before committing extreme behavior. in sentencing matters involving life and death, they should not be hidden, let alone glossed over.

that was the first time lawyer xu realized that behind every defendant, there may be many secret stories. due to the limitations of the times, it may be difficult for them to personally express their own thoughts and experiences, but everyone working in the legal field may help them finish what they have not said.

stills from "i went through the storm"

in the end, the defendants in this case, i.e., the younger brother and sister-in-law, were sentenced to suspended death sentence. in that era when sentencing was relatively heavy, it was the first case in which the defendant was defended after the criminal defense system was restored in zhejiang province, and it was also the first successful case in which xu weihua took the criminal defense seat.

in 1991, my country's "law on the protection of women's rights and interests" (hereinafter referred to as the "women's protection law") was promulgated. xu weihua participated in the drafting of this law. she and her participants began to prepare for it in 1985. after a long period of investigation, discussion and repeated revisions, it took more than six years to collect legislative opinions and suggestions. at that time, letters from all over the world were sent to her, filling dozens of sacks and filling the whole house.

in the "women's protection law", xu weihua emphasized that women enjoy basic rights such as political rights, cultural and educational rights, labor rights, property rights, personal rights, marriage and family rights, etc. in addition, there is an extremely important but easily overlooked right, which is "the right to speak."

xu weihua has experienced and witnessed the stories of so many women who have been hidden by "suspects" and "defendants". they are in desperate situations with no way out. "in the final analysis, (they) should have a say." women's voices should be heard, and their voices should be valued.

the unrusted "knife handle"

lin lixia, another lawyer at qianqian law firm, told me that in recent years, the sentences for women who kill their husbands have become much lighter than before, which is a sign of progress in the legal system and the judiciary.

xu weihua believes that this is also due to a big change in concepts. nowadays, when women encounter domestic violence, their first reaction is no longer to "fight violence with violence", but more likely to "divorce". in the last century, these two words were considered shameful by many women.

stills from "i went through the storm"

in the early 1990s, not long after the women's protection law came out, xu weihua met a couple. both were high-level intellectuals. the wife was a university teacher, and the husband was a scientific researcher who was sent abroad by the government. after returning to china, the husband told his wife that in the west, "going to bed is like shaking hands," and they learned that kind of open sexual relationship. the wife disagreed, and the couple often had conflicts. during this period, the husband also behaved radically. later, the husband asked for a divorce, but it was the wife who was unwilling.

in fact, xu weihua was in the police when she first started working. although she did "similar work to the current pre-trial work" and immigration management, she still remembers it vividly. on her first day at work, her leader told everyone in a conversation: "public security work is where you hold the knife handle. the country has handed the knife handle to you. is it aimed at the people or at the bad guys? it depends on your heart to grasp it."

this sentence touched xu weihua deeply. she was a person who "could not even hold a knife well" and often cut her hands when cutting vegetables. it was the first time that someone described her job as a knife handle. "i felt that this was a heavy responsibility."

in 1983, by chance, xu weihua was transferred to work at the all-china women's federation as a legal consultant, where she stayed for 20 years.

but there was no lack of resistance and disappointment during my work at the women's federation. in everyone's own process, there are always people who "do their job for the day", record the problems of the visitors, and then pass the problems on to other departments. "(they) think that i received them, i recorded them, and that's it, my work is done", but xu weihua thinks, "when people come to you, you should make the problem very clear, so that it will be helpful to solve the problem, right? if you can't make it clear, won't the problem still exist?"

xu weihua (left) / source: beijing qianqian law firm

just receiving and transferring people cannot satisfy her desire to protect the rights of vulnerable women. she hopes that she can not only help them expand the channels for receiving assistance, but also "tell (her) as much information as possible, what are the risks, and what kind of consequences may be caused." from point to surface, it is possible to form a "physical and chemical reaction" that covers law, reason and emotion.

nowadays, serious criminal cases caused by domestic violence are extremely rare. in recent years, xu weihua has represented more divorce cases. in many divorce cases filed by women, domestic violence is the key plot suffered by the women.

last year, xu weihua was deeply impressed by a divorce case filed by a husband. the husband was caught having sex in a car with his mistress by his wife, but "the man was thick-skinned" and took the initiative to file for divorce, wanting to marry the mistress. the wife temporarily refused because "she felt that she couldn't let him (the husband) achieve his goal so easily." the case went through repeated first and second trials, and during this period, the husband, who was exposed, became angry and continued to cheat and abuse his wife.

finally, after the husband filed for divorce for the third time, xu weihua argued that since the husband was at fault, he should be more inclined to protect the woman in handling the family property. in the end, the woman took a long vacation, took her daughter back to her hometown to protect her, and successfully protected her deserved property.

stills from dark glory 2

this is a good result and also a small progress in the continuous progress of women's rights protection that xu weihua has participated in over the past forty years.

we talked for two hours about how to defend the rights of women who have been abused at home. during this time, a lady came to consult her about the rights of women in retirement age. lawyer xu sat in her seat and continued to chat with the visitor for more than an hour.

when the visitor talked about the possibility of promoting legislation through cases, she smiled the warm grandmotherly smile that she had just given me: "how many lives were sacrificed behind the establishment of a law?"

this kind of non-stop output and discussion for hours is the daily work routine that xu weihua has long been accustomed to.

in some stereotypes, lawyers seem to be calm and slow to warm up, but xu weihua is like a female knight in the martial arts world, warm and friendly. when talking about people, she might use a childish word like "very bad" to describe them. perhaps due to her age, or the sun and wind, her eyes are always narrowed, as if she is smiling, and when she is sad and heartbroken, her eyes are wrinkled sharply and heartbreakingly.

the listeners feel anxious and expectant along with her story.